Fulton County hearing: Trump case hangs in balance as judge mulls DA Willis' disqualification
The defense wants to disqualify DA Fani Willis in Trump's Georgia election case.
Following three days of testimony plus closing arguments, Scott McAfee, the judge overseeing former President Donald Trump's Georgia election interference case, is weighing motions to disqualify Fulton County District Attorney Fani Willis, primarily over accusations from Trump co-defendant Michael Roman that she benefited financially from a "personal, romantic relationship" with prosecutor Nathan Wade, who she hired for the case.
Willis and Wade, in a court filing, admitted to the relationship but said it "does not amount to a disqualifying conflict of interest" and that the relationship "has never involved direct or indirect financial benefit to District Attorney Willis."
Top headlines:
- Defense says Willis committed 'unforgivable' misconduct
- Hearing concludes, judge says ruling expected within 2 weeks
- Judge presses DA's office: 'Money has changed hands'
- Bradley says he does 'not have the date' when relationship started
- Trump attorney accuses Nathan Wade of perjury
- Willis says she didn't consider relationship romantic before hiring
Ex-governor turned down role before it was offered to Wade
Former Georgia Gov. Roy Barnes testified that early in DA Fani Willis' election interference probe, he was asked by Willis about taking the special prosecutor role in the investigation, but that he turned it down.
The former governor initially said he didn't remember the day when that meeting occurred.
But after stepping off the stand, about 10 minutes later Barnes walked back into the courtroom with his phone in his hand and calendar app pulled up, to tell the court the date he had found.
He said that the meeting where he turned down the special prosecutor position was on Oct 26, 2021 -- which would have been a few days before Nathan Wade was contracted for the position on Nov. 1, 2021.
Judge slams Wade associate for not appearing
A visibly irritated Judge McAfee threatened to hold a potential witness in violation of a subpoena for his failure to appear at the hearing today.
Terrence Bradley, a former associate of and lawyer for Nathan Wade, took the stand on Thursday and largely declined to answer questions, citing attorney-client privilege. The state intended to call Bradley back to the stand on Friday, but his attorney said he was at a doctor’s appointment.
Bradley’s failure to appear caused a roughly 90-minute delay before proceedings resumed.
“The notice in this hearing indicated it would last at least two days,” McAfee said. “So right now, I think he's in violation of a subpoena.”
An attorney for Bradley said he would encourage his client to return to court as quickly as possible to resume testimony this afternoon.
DA Fani Willis' father is now on the stand.
State calls former Georgia governor as witness
Court is now back in session following a break.
The state has called former Georgia Gov. Roy Barnes to the stand.
Barnes is the first witness in the state's case, followed by Willis' father, John Floyd III.
State was 'satisfied' with Willis' testimony, source says
A source familiar with the state's decision-making process tells ABC News the state did not recall DA Fani Willis to the stand because they were ultimately "satisfied" with her testimony Thursday.
The source said they felt Willis "addressed everything," and that they could stand on that testimony moving forward.
"Why reopen it?" the source said.
As a result of the state deciding not to cross-examine Willis, the defense now won't have a chance to question her again.
Trump attorney presses Bradley on dates of relationship
Prosecutor Nathan Wade's former attorney Terrence Bradley described his past statements as "speculation" when Donald Trump's attorney Steve Sadow confronted him with past text messages Bradley exchanged with another defense attorney that appeared inconsistent with his current testimony.
"That's speculation on my part," Bradley said. "I stated that I was speculating."
Sadow showed him past text messages where Bradley said Wade and DA Fani Willis "absolutely" began their relationship before Wade was hired by Willis.
"It started when she left the DAs office and was [a] judge in South Fulton. They met at the Municipal Court CLE conference," Bradley said in a text message that was entered into evidence.
Claiming he was speculating in that text, Bradley reiterated that he does not have direct information about when the relationship began. He said that between 2018 and 2022, he only spoke with Wade about the relationship once.
"I do not know when the relationship started between Mr. Wade and Ms. Willis. I cannot recall that," Bradley said.
"Is it your testimony that you don't know, under oath, whether or not there was a relationship between Mr. Wade and Ms. Willis, before the contract?" Sadow asked, referring to Wade's November 2021 contract with the DA.
"I do not recall any dates of when the relationship started," Bradley responded.
Sadow, however, appeared incredulous of Bradley and hammered at his claim.
"That's the true explanation because you don't want to admit it in court, correct?" Sadow said.
Bradley did not change his account of the relationship, despite Sadow's repeated questions.
Sadow ultimately concluded his questions by reminding Bradley about the stakes of his testimony.
"You realize that if you were to testify under oath that you knew from Mr. Wade that the relationship between him and Miss Willis existed before the contract on November 1 of 2021 ... that would show that both Ms. Willis and Mr. Wade had lied under oath. You know that don't you?" Sadow said, prompting a sustained objection.